(A) Conditional Use Permit: Smoke shops and smoking lounges shall only be permitted in the C-3, M-1 or M-2 zones of the city and shall be subject to the issuance, existence and validity of a conditional use permit as provided for in title XI, chapter 16 of this code (commencing with section 11-16-1 of this code) and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:
1. That the proposed use is either a "smoke shop" or "smoking lounge" as defined in section 5-24-1 of this chapter;
2. That the establishment of the proposed use is compatible with surrounding uses;
3. That the proposed use does not have a detrimental effect on the public health, safety or general welfare.
(B) Locational And Operational Requirements: Smoke shops and smoking lounges shall comply with the following requirements:
1. The use is being established outside of six hundred feet (600') of a residential zone of the city, or any public or private daycare, kindergarten, elementary school, middle school, high school, public library, church or public park or any other smoke shop or smoking lounge;
2. Written approval from the property owner where such use is to be established, authorizing same;
3. Each smoke shop and smoking lounge shall hold a valid California cigarette and tobacco products retailer's license issued by the state board of equalization, in accordance with state law, which shall be prominently displayed in a publicly visible location at the establishment;
4. Each smoke shop and smoking lounge shall have an on site manager who is a minimum of twenty one (21) years of age;
5. No person who is younger than the minimum age of eighteen (18) years shall be permitted to sell, display, market, barter, trade, or exchange any combination of tobacco, tobacco products, tobacco paraphernalia, electronic smoking devices or electronic smoking device paraphernalia;
6. A fully functional color digital video camera system must be in place to record the activities of the premises. Each smoke shop and smoking lounge owner/operator along with staff are required to consult with and comply with directions of the Selma police department for placement of such equipment. The camera storage capacity should be for at least one week (7 calendar days), and a minimum of one terabyte (TB). The system must continuously record, store, be capable of playing back images and be fully functional at all times. Any recordings of criminal activity shall be provided to the Selma police department within twenty four (24) hours of the initial request;
7. All other applicable requirements of the provisions of this code, including, but not limited to, title XI, chapter 28 of this code relating to signs, will be observed. (Ord. 2016-02, 3-7-2016)